Summary
The Ninth District Court of Appeals of Texas dismissed the appeal for want of prosecution because the appellant failed to pay the appellate filing fee and did not establish indigence or eligibility to proceed without costs. The court relied on Texas Rules of Appellate Procedure 20.1 and 42.3.
Topics
Practice areas
Questions Presented
- Whether the appeal should be dismissed for want of prosecution when the appellant failed to pay the appellate filing fee and failed to establish indigence or entitlement to proceed without payment of costs.
Holdings
- The appeal must be dismissed for want of prosecution because the appellant failed to pay the appellate filing fee, failed to respond to the court's notice, and failed to establish entitlement to proceed without payment of costs.
Key quotations
“There being no satisfactory explanation for the failure to pay the filing fee for the appeal, the appeal is dismissed for want of prosecution.”
Factual background
The appellant did not pay the filing fee for the appeal. After receiving notice that the appeal would be dismissed unless the fee was remitted, the appellant did not respond. The appellant also did not file an affidavit of indigence or otherwise establish entitlement to proceed without paying appellate costs.
Procedural history
The appeal was taken from the 284th District Court of Montgomery County in trial cause number 18-07-09530-CV. On December 10, 2019, the court of appeals notified the appellant that the appeal would be dismissed unless the filing fee was remitted. The appellant did not respond, did not file an affidavit of indigence, and did not show entitlement to proceed without payment of costs. The court dismissed the appeal for want of prosecution.